PolicyBrief
H.R. 1074
119th CongressFeb 6th 2025
Supreme Court Term Limits and Regular Appointments Act of 2025
IN COMMITTEE

The Supreme Court Term Limits and Regular Appointments Act of 2025 introduces 18-year term limits for Supreme Court Justices, mandates regular appointments every two years following a Presidential election, and establishes a process for assigning Senior Justices to fill vacancies.

Ro Khanna
D

Ro Khanna

Representative

CA-17

LEGISLATION

Supreme Court Shake-Up: New Bill Caps Justices' Service at 18 Years, Regular Appointments Start Now

The "Supreme Court Term Limits and Regular Appointments Act of 2025" is dropping a seismic shift on how the highest court in the land operates. Forget lifetime appointments – this bill slaps an 18-year term limit on Supreme Court Justices, aiming to bring fresh perspectives to the bench more frequently.

Time's Up: The 18-Year Itch

The core of the bill revolves around a new 18-year service cap for Justices. Once their time is up, they're designated as "Senior Justices," essentially retired from active duty but available for temporary assignments. This could mean a more regular turnover on the Court, potentially reducing the long-term impact of any single Justice's ideology. For example, a Justice appointed in their early 50s would transition to Senior status around age 70, a common retirement age across many industries. This isn't just a theoretical change, it's detailed right in Section 2 of the bill. The nine most junior Justices form the active panel.

Presidential Appointments: Every Two Years

Get ready for a more regular rhythm of Supreme Court appointments. This bill mandates that the President nominate a new Justice in the first and third years following each presidential election. That's a new Justice every two years, regardless of whether there's a vacancy. Think of it like a scheduled software update for the judicial branch – intended to keep things current, but also potentially disruptive. This could be a game-changer for court watchers.

Senior Justices: Filling the Gaps

What happens when there's a sudden vacancy due to death, disability or removal? Section 3 steps in, allowing retired "Senior Justices" to temporarily fill the void. The most recently retired Justice gets the first call, and if there are multiple vacancies, they're filled by those with the least amount of time served as a Senior Justice. This is like having a seasoned substitute teacher on standby – they know the ropes and can keep things running smoothly until a permanent replacement is found.

Senate Showdown...Or Not?

Here's where things get interesting. Section 2 also states that if the Senate doesn't act on a Supreme Court nominee within 120 days, that nominee is automatically seated. No vote, no confirmation hearing, just straight to the bench. This could streamline the process, but it also raises questions about the Senate's role in vetting and confirming Justices. This could be a major point of contention, as it significantly shifts the balance of power in the appointment process.

The Bottom Line

This bill isn't just tweaking the system; it's a major overhaul. While it aims to increase turnover and potentially make the Court more responsive to current issues, it also introduces new complexities and potential challenges. The regular appointment schedule and the 120-day Senate approval waiver could be particularly impactful, potentially altering the dynamics of judicial nominations for years to come. The bill could be a double edged sword. More frequent turnover might mean less individual influence, but the streamlined confirmation process could raise concerns about the checks and balances designed into the system.